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FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)
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FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)

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Article 140 of the Constitution of Islamic Republic Pakistan directs for the constitution of Local Governments comprising of elected representatives of the people. In accordance with provision of the …

Article 140 of the Constitution of Islamic Republic Pakistan directs for the constitution of Local Governments comprising of elected representatives of the people. In accordance with provision of the Constitution, Local Government law has been framed in all Provinces and Islamabad Capital Territory since long, however it has never been extended to FATA. Local Governments have worked in all provinces in particular brackets of time but due to absence of law, FATA has never endeavoured on this system. The present government has taken numerous initiatives for political empowerment of the people in FATA. In this regard major initiatives are; meaningful and far-reaching amendments in Frontier Crimes Regulation 1901, extension of Political Parties Order 2002 to FATA, setting up a FATA Tribunal with appellate jurisdiction and giving a proper structure and terms of reference to FATA Levies.

In continuation of its reforms agenda, the government has now decided to extend the Local Government System to FATA in a phased manner. In phase-1, the Municipal Committees represented by local populace in fourteen (14) urban hubs in seven agencies of FATA will be made functional. That will enable the tribesmen to address local problems and issues at the grass root level through their elected Municipal Committees, empowering them with regard to their immediate needs and ensuring their participation in decision making. Subsequent to that more urban areas may also be included in the Local Government System.

Development of appropriate Systems is one of the key components of the FATA Institutional Strengthening Project; thus, the FISP planned to support the FATA Secretariat and extended necessary assistance in preparation of Legal Framework and Model Financial Plan of the Local Government System in FATA. The draft regulation was prepared in consultation with stakeholders in FATA Secretariat and shared with FATA parliamentarians and media for comments. The consultative meeting with FATA legislators was also supported by the FISP.

Once approved by the President of Pakistan, the regulation will be notified by the Federal Government. The Governor would then extend the Regulation to urban hubs in a phased manner to ensure proper preparation and homework is carried out beforehand. Further support will also be required in drafting of procedures, rules, by laws for efficient working of the Municipal Committees to provide strong footing for the newly established Municipal Committees in FATA. FISP may continue to provide that support as well.

Communication support to the FATA Secretariat was also extended by the FISP communication team. A press release of the event was developed and shared with the news media through FATA Information Directorate, which has been published widely by leading national newspapers. (Press clippings attached as annexure-I) || Subscribe to our email newsletter at http://eepurl.com/qnf75

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  • 1. Civil Secretariat FATAFATA Institutional Strengthening Project (FISP) .
  • 2. Report – Consultation meeting with FATA Parliamentarians on FATA Local Government Regulation 2012 Table of contentsS# Topic Page # 1. FATA Local Government Regulation- An overview 1 2. Opening remarks by Secretary SAFRON 2 3. Presentation on FATA Local Government Reglations 2012 3 4. Discussion/comments by the FATA Parliamentarians 3 5. Remarks by Spokesperson to the President 4 6. Concluding remarks by Governor Khyber Pakhtunkhwa 5 7. Annexure I (Press clippings) 6 8. Annexure II (list of participants) 7 9. Annexure III (Presentation by Mr.Rashid Ahmad) 8
  • 3. FATA Local Government Regulation 2012- An overviewArticle 140 of the Constitution of Islamic Republic Pakistan directs for the constitution ofLocal Governments comprising of elected representatives of the people. In accordancewith provision of the Constitution, Local Government law has been framed in allProvinces and Islamabad Capital Territory since long, however it has never beenextended to FATA. Local Governments have worked in all provinces in particularbrackets of time but due to absence of law, FATA has never endeavoured on thissystem. The present government has taken numerous initiatives for politicalempowerment of the people in FATA. In this regard major initiatives are; meaningful andfar-reaching amendments in Frontier Crimes Regulation 1901, extension of PoliticalParties Order 2002 to FATA, setting up a FATA Tribunal with appellate jurisdiction andgiving a proper structure and terms of reference to FATA Levies.In continuation of its reforms agenda, the government has now decided to extend theLocal Government System to FATA in a phased manner. In phase-1, the MunicipalCommittees represented by local populace in fourteen (14) urban hubs in sevenagencies of FATA will be made functional. That will enable the tribesmen to addresslocal problems and issues at the grass root level through their elected MunicipalCommittees, empowering them with regard to their immediate needs and ensuring theirparticipation in decision making. Subsequent to that more urban areas may also beincluded in the Local Government System.Development of appropriate Systems is one of the key components of the FATAInstitutional Strengthening Project; thus, the FISP planned to support the FATASecretariat and extended necessary assistance in preparation of Legal Framework andModel Financial Plan of the Local Government System in FATA. The draft regulationwas prepared in consultation with stakeholders in FATA Secretariat and shared withFATA parliamentarians and media for comments. The consultative meeting with FATAlegislators was also supported by the FISP.Once approved by the President of Pakistan, the regulation will be notified by theFederal Government. The Governor would then extend the Regulation to urban hubs ina phased manner to ensure proper preparation and homework is carried outbeforehand. Further support will also be required in drafting of procedures, rules, bylaws for efficient working of the Municipal Committees to provide strong footing for thenewly established Municipal Committees in FATA. FISP may continue to provide thatsupport as well.Communication support to the FATA Secretariat was also extended by the FISPcommunication team. A press release of the event was developed and shared with thenews media through FATA Information Directorate, which has been published widely byleading national newspapers. (Press clippings attached as annexure-I) 1
  • 4. Report – Consultation session with FATA Parliamentarians on FATA Local Government Regulation 2012 The Ministry of State and Frontier Regions (SAFRON), Government of Pakistan arranged a consultative session on the draft FATA Local Government Regulation 2012 at Khyber Pakhtunkhwa House, Islamabad on August 02, 2012. Barrister Masud Kausar, Governor, Khyber Pakhtunkhwa chaired the consultative session whereas the members of Senate and National Assembly belonging to FATA, representatives of Ministry of Law and Parliamentary Affairs, Ministry of SAFRON, Government of Pakistan and Additional Chief Secretary FATA as well as senior officers of the Governor’s office and FATA Secretariat also participated in the session. Senator Farhatullah Babar, Spokesperson to the President of Pakistan was also present on this occasion. (Participants’ list attached as annexure-II)Opening remarks by Secretary SAFRONUThe Secretary SAFRON, Government of Pakistan Mr. Habibullah Khan briefed the participantsregarding the need of introducing the Local Government system in FATA. He said that presentlylegal framework for introduction of Local Government system is non-existent in FATA and all matters are governed through an executive order. He added that though Local Governments do not exist anywhere in the country, however, constitutional requirement for such a set up is there and various provinces are either in the process or have already approved new Local Government laws. He explained the need for the introduction of Local Government system in FATA and said that through this system the common people will have the opportunity to participate in the government system. Under this system, local issues will be resolved at the local level whereas 2
  • 5. the major ones will be referred to the FATA legislators at national level. He clarified that anprocess of consultations has been initiated on the draft law to bring all stakeholders includingParliamentarians, political parties, CSOs, media, lawyers and the general citizens on board andthe draft would be amended suitably to cater to all suggestions down the line. He congratulatedall those who have worked on it. He added that this was also discussed during the June 13consultative seminar on FATA political reforms held under the chairmanship of the Governor,Khyber Pakhtunkhwa. During that session, the Governor had promised to share the draft withthe FATA parliamentarians and in was in the vein of that consultative process that the presentgathering was deliberating it In addition the document is loaded on the FATA website forcomments of all the stakeholders. Explaining salient features of the LG Regulation in FATA, hesaid that the Municipal Committees would comprise of directly elected Members on generalseats and indirectly elected Members on reserve seats for women, minorities, peasants etc. Thepowers of the Governor to suspend, dissolve a Committee or to give it directions could beregulated through a Committee comprising Parliamentarians, Chairmen of Committees and officers of FATA.Presentation on FATA LG Regulation by Mr. Rashid AhmadUFollowing these introductory remarks, Mr. RashidAhmad, the Short Term Technical Assistance hired bythe FATA Institutional Strengthening Project (FISP)gave a presentation on the draft LG regulation. Heexplained various clauses of the draft LG regulationwith details regarding the objectives and importantfeatures of the regulation, Composition of theMunicipal Committees in FATA, the executive andfinancial powers, major compulsory and optional functions, finances; budgeting, funds, taxation,resources etc. (copy of presentation attached as annexure-III). At the end of the presentation,he invited the participants to participate into an open discussion, point out any short comings in their opinion in the proposed draft, raise any questions and give suggestions for improvement of the draft.Discussion/comments by FATA ParliamentariansU 3
  • 6. Akhunzada Chittan MNA appreciated the efforts of the Governor Khyber Pakhtunkhwa and the PPP government at the federal level for initiatives on the empowerment of people in FATA. However, he expressed concerns regarding Sections 13, 16 and 91of the draft LG regulations which empower the Governor to dissolve the elected Council and allocate funds to MCs.The Secretary SAFRON, Mr. Habibullah Khan, clarified that these Articles are exceptions, ratherthan the rule and would only come into the equation in case of a deadlock or impasse in theworking of the Council. The consultative process provides an opportunity to deliberate variousaspects of the new LG Regulation and suggest alternate measures in case there is anyobservation by any legislator. FATA Secretariat is already working on having a Committee towhom cases of alleged irregularities of MCs are referred to and the Committee then carries outinquiry and submits its report to Governor. Any alternate mechanism could also be workedupon.Mr. Noorul Haq Qadri MNA said that all democraticinitiatives in FATA are well received by the inhabitants ofFATA, however the consultative process should be morecomprehensive and taken to the Agency level. He said thatLocal Government system in FATA requires furtherconsultation and consensus. He suggested that theproposed announcement of the regulation may be delayedtill the consultation process with all the groups is completed. He was of the view that elections ofthe Chairman and Vice Chairman of the Council may be held directly.Mr. Munir Orakzai, MNA asked a question about the geographical jurisdiction of the LGRegulation and the ACS FATA informed that the 14 Urban Centers notified by the FataSecretariat under the Tribal Areas Rural to Urban Centres Conversion Initiative (TARUCCI)shall be governed by the new regulations. Mr. Orakzai expressed his satisfaction with thisproposal and felt that there was no need to delay the announcement of extending LocalGovernment system in FATA.Akhunzada Chittan MNA supported the remarks of Mr Munir Orakzai and said that the LocalGovernment is essential for the development and prosperity of FATA. The people of FATA have 4
  • 7. suffered a lot and the Local Governments are an ideal system to address their issues at thegrass root level.Remarks by Senator Farhatullah BabarUPresidential Spokesperson, Mr. Farhatullah Babar,congratulated FATA authorities, especially the GovernorKP, for making such a fine effort to introduce participatory governance and ownership of the state system in FATA. He however noted that the draft regulation was in nascent stage and further work was required for its fine tuning. Itssignificance is however crucial with reference to thePolitical Parties Order, a step in planting the seeds of true democracy in the Tribal Areas. Issuesmay come up on funding of the Local Government; one possible option could be to allocatesome of the development funds for the O&M until the MCs become self-sufficient. The powersof Governor to dissolve the Council needs to be reviewed and an appropriate modus operandimay be suggested. He was also of the opinion that its announcement should not be postponedbeyond the proposed date of August 14th 2012. P P Secretary SAFRON Mr. Habibullah Khan and Secretary to the Governor, Mr. Abid Majeed explained the homework done regarding the financing of the MCs until they are in a position to sustain themselves. The Secretary to Governor added that Section 1(3) of the draft provided that the Governor may by notification extend particular clauses to particular areas of FATA and therefore passage of the Regulation did not automatically make it applicable across FATA. The Governor would examine the enabling circumstances and fulfillment of requirements including delimitation of wards, provision of HR and infrastructure and other essentials before he extends the system to any of the urban hubs. Engineer Shaukatullah, Minister SAFRON, said that the Tribal People are inherently democratic and this endeavour will bring about much needed change in governance structure. He pointed out the need to ponder over the ramifications of this regulation for those areas not included in the notified urban 5
  • 8. centers. Mr. Sajid Turi gave full support to this initiative, its announcement and extensionthroughout FATA. He stated that there was no need to wait for perfect environment forundertaking reforms in FATA as in the past such waiting had proved counter productive.Concluding remarks by Governor Khyber PakhtunkhwaUBarrister Syed Masood Kausar thanked the FATAParliamentarians, Senator Babar, Secretary SAFRON,rep of Law Division and other officers of FATA forattending the meeting and giving meaningful inputs onthe draft LG regulation. He said that the presentgovernment wanted to take this evolutionary process to its logical end. It was the PPP government which had introduced adult franchise in FATA previously and the present government had not only carried out meaningful amendments in Frontier Crimes Regulation after a century but also extended the Political Parties Order to FATA. He added that there are hardships; however, the President and he are committed to implement reforms inFATA so that the common citizens’ participation in the governance system is ensured and theyare able to struggle for, and bring positive changes to, their socio-economic conditions andgeneral environment. The views and comments shared today by the Parliamentarians areimportant and will go a long way in determining the final draft of LG Regulation. We will ensurethat the input of all stakeholders are included and continue the consultative process, heconcluded. 6
  • 9. Annexure-I Press ClippingsMeeting proposes more consultation on Fata LG systemSaturday, August 04, 2012PESHAWAR: A high-level meeting at the Fata Secretariat hailed the draft Local Government Regulation for the Federally Administered TribalAreas (Fata) but suggested more consultation with stakeholders to ensure that the system meets the civic needs of the tribal people.Governor Masood Kausar presided over the review meeting attended by the Fata legislators, senior officers of the Law Division, SafronDivision and the Fata Secretariat. Spokesperson for the president Senator Farhatullah Babar was also present.A presentation was given to the participants on the structure of future local government system in Fata.Fata Parliamentarians Munir Orakzai,Maulana Noor ul Haq Qadri and Akhunzada Chittan praised the draft Local Government Regulation as that would give self-rule to the people.However, they suggested that more deliberations were needed to improve the proposed system.Senator Farhatullah Babar said the regulation could complement the Fata reforms process carried out by the government. He stressed theneed for taking all the Fata groups on board before submission of a final draft to the federal government for approval of the local governmentsystem. The governor thanked the Fata legislators for attending the consultative meeting and called for evolving consensus among all the stakeholdersover smooth execution of the Fata local government system.August 5, 2012Kausar hails draft of LG Regulations for Fata Suggests more consultation with stakeholdersPESHAWAR: A high-level meeting at the Fata Secretariat hailed the draft Local Government Regulation for the Federally Administered TribalAreas (Fata) but suggested more consultation with stakeholders to ensure that the system meets the civic needs of the tribal people.Governor Masood Kausar presided over the review meeting attended by the Fata legislators, senior officers of the Law Division, SafronDivision and the Fata Secretariat. Spokesperson for the president Senator Farhatullah Babar was also present.A presentation was given to the participants on the structure of future local government system in Fata. Fata Parliamentarians Munir Orakzai,Maulana Noor ul Haq Qadri and Akhunzada Chittan praised the draft Local Government Regulation as that would give self-rule to the people.However, they suggested that more deliberations were needed to improve the proposed system.Senator Farhatullah Babar said the regulation could complement the Fata reforms process carried out by the government.He stressed the need for taking all the Fata groups on board before submission of a final draft to the federal government for approval of thelocal government system.The governor thanked the Fata legislators for attending the consultative meeting and called for evolving consensus among all the stakeholdersover smooth execution of the Fata local government system.August 5, 2012Governor goes over LG regulationsPESHAWAR: Governor Khyber Pakhtunkhwa Barrister Masud Kausar presided a review meeting graced by all the FATA legislators, seniorofficers of Law Division, SAFRON Division and the FATA Secretariat.Spokesperson to the President of Pakistan Senator Farhatullah Babar was also present at the moment.A detailed presentation was given to the participants of the meeting regarding the future structure of Local Government system in FATA.Speaking on the occasion FATA Parliamentarians Munir Orakzai, Maulana Noor ul Haq Qadri and Akhunzada Chittan valued the fast trackendeavors of the FATA Secretariat for bringing the tribal areas at par with the rest of the country.They hailed Local Government Regulation Draft as another triumph, which would give realization to the people of FATA through its basicprinciple of self-rule.However, they suggested that more consultation with different FATA stakeholders be carried out so that it could rightly be commissioned tomeet the civic needs of the tribal populace.Endorsing their perspective Senator Farhatullah Babar praised the energies that had been pooled to design a broad and all inclusive FATALocal Government framework. He emphasized over the complementary role this regulation could play in FATA Reforms Process carried out bythe government. He stressed the need for taking all the FATA groups on board before the submission of final draft to the Federal Governmentfor approval.Barrister Masud Kausar thanked the FATA legislators for attending the consultative meeting and expressed his desire for the development ofconsensus among all the stakeholders for smooth execution of the local government system in FATA.He referred to the popularity of local government system all over the world and stressed the need for participatory approaches in decisionmaking. He expressed his conviction that this regulation would bring progress and prosperity to FATA also. "There might be hardships faced inthe implementation of this system in FATA, we are committed to take this process to its logical end", he concluded. 7
  • 10. Annexure-II Consultative meeting with FATA parliamentarians on FATA LG Regulation 2012 at Khyber Pakhtunkhwa House, Islamabad on August 02, 2012 List of ParticipantsS# Name Designation 1. Barrister Syed Masood Hon’ble Governor Khyber Pakhtunkhwa Kausar 2. Engineer Shaukatullah Minister SAFRON, Islamabad 3. Senator Farhatullah Babar Spokesperson to the President of Pakistan 4. Mr. Munir Orakzai MNA 5. Mr. Noorul Haq Qadri MNA 6. Sajid Hussain Turi MNA 7. Akhunzada Chittan MNA 8. Mr. Bilal Rahman MNA 9. Najmul Hassan Senator 10. Mr. Hidayatullah Senator 11. Mr. Habibullah Khan Secretary SAFRON Division, Islamabad 12. Dr. Tasfeen Khan Additional Chief Secretary, FATA 13. Mr. Abid Majeed Secretary to Governor, Khyber Pakhtunkhwa 14. Capt ® Munir Azam Secretary Admin & Coord; FATA Secretariat 15. Mr. Shakeel Qadir Khan Secretary P&D, FATA Secretariat 16. Mr. Zahoor Director LG FATA 17. Mr. Zia ur Rahman Section Officer, SAFRON, Islamabad 18. Mr. Zahid Siddiq Deputy Secretary, SAFRON , Islamabad 19. Mr. Omar Khan Project Director (TARUCCI), FATA Secretariat 20. Mr. Tasfeen Haider Deputy Secretary Admin, FATA Secretariat 21. Mr. Zia ur Rahman WSL Communication, FATA Institutional Strengthening Project (FISP) 8
  • 11. Annexure-IIIPRESENTATION - FATA LOCAL GOVERNMENT REGULATION 2012 (DRAFT) 9

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